Read the full judgment text of HCMP 000228/1985 on BabelCite. This High Court CFI judgment was delivered on 31 January 1985 before Mantell, J..
Immigration law – judicial review – leave – removal order – two children made subject to removal orders while two younger siblings were not – appeal to Immigration Tribunal dismissed without hearing under section 53 of the Immigration Ordinance – whether notice of appeal set out grounds under section 53(a) – whether registration with Immigration Authorities and two-year inaction could give rise to an implied permission to remain under section 53A(1b) – whether such ground could still be raised before the Tribunal – alternative remedy of appeal to Governor under section 53 – application for leave to apply for judicial review – whether arguable ground disclosed – leave granted with strong reservations as to prospects of success because if facts in the applicants' affirmations proved correct the separation of the family would be a matter of very considerable concern and it might be possible to assemble a case that the facts before the Tribunal revealed an implied permission to remain – leave to apply for judicial review granted
Legal issues: Whether leave should be granted for judicial review of Immigration Tribunal's dismissal of appeal without hearing
Outcome: Leave to apply for judicial review granted, with strong reservations as to the prospects of success